Iowa Admin. Code r. 351-4.48

Current through Register Vol. 46, No. 24, May 15, 2024

Rule 351-4.48 - Sham newspapers subject to campaign laws

The owner, publisher, or editor of a sham newspaper who is using the sham newspaper to promote in any way the candidacy of any person for public office must comply with the requirements of Iowa Code chapter 6 8A.

(1)Factors. In determining whether or not a publication is entitled to the press exception or is a sham newspaper that triggers the campaign laws, the board will consider the following factors:

a. Whether the publication is published and made available on a regular schedule or interval;

b. The proximity to the election in which the candidates and public affairs are discussed;

c. Whether the publication contains news items and articles of opinion of a general character separate from discussions concerning candidates and public affairs;

d. How widely the publication is circulated or is otherwise made available to the public in comparison to a targeted audience for potential campaign purposes;

e. Whether the publication discusses all candidates for a particular election or otherwise gives all candidates equal space; and

f. Whether the publication expressly advocates for the candidacy of any person.

(2)Definitions. For purposes of this rule, the following definitions apply:"Express advocacy" means "express advocacy" as defined in Iowa Code section 68A. 102(14)and rule 351-4.53 (68A).

"Media organization" means "media organization" as defined in rule 351-4.51 (68A).

"Sham newspaper" means "sham newspaper" as defined in Iowa Code section 68A.503(5) "b." This rule is intended to implement Iowa Code section 68A.503(5) "b."

Iowa Admin. Code r. 351-4.48

ARC 7866B, lAB 6/17/09, effective 7/22/09; ARC 8826B, lAB 6/2/10, effective 5/17/10

Amended by IAB March 24, 2021/Volume XLIII, Number 20, effective 4/28/2021